Marine Parks (Great Sandy) Zoning Plan 2017

1Short title

(1)This zoning plan may be cited as the Marine Parks (Great Sandy) Zoning Plan 2017.

(2)This zoning plan may also be cited as the Great Sandy Marine Park Zoning Plan.

2Commencement

This plan commences on 1 September 2017.

3Application of plan

This plan applies to the Great Sandy Marine Park.

4Definitions

The dictionary in schedule 3 defines particular words used in this plan.

5References to latitudes and longitudes

The latitudes and longitudes used to describe an area mentioned in this plan are worked out using the Geocentric Datum of Australia, commonly called ‘GDA94’, notified in the Commonwealth of Australia Gazette No. GN 35 on 6 September 1995, at page 3369.

6Relationship between this part and pts 3, 4 and 7

This part is subject to parts 3, 4 and 7.

7Zones generally—Act, s 24

(1)The marine park consists of the following zones—

(a)general use zone;

(b)habitat protection zone;

(c)conservation park zone;

(d)buffer zone;

(e)marine national park zone.

Note—

The zones are listed in ascending order of the level of protection given to them under this plan.

(2)For each zone of the marine park, the areas that are within the zone are shown on plan MP2 as in force on 3 May 2019 and prepared by the department.

(3)The chief executive must ensure a copy of the plan is available, free of charge, on the department’s website.

s 7 amd 2019 SL No. 64 s 7

8Objects for zones—Act, s 24

The objects to be achieved for each zone mentioned in section 7(1) are stated in the Marine Parks Regulation 2017, schedule 1.

9Entry or use without permission

A person may enter or use an area in the general use zone, for any of the following purposes, without a permission—

(a)to carry out a low impact activity not involving fishing or collecting;

(b)to carry out any of the following fishing or collecting activities—

(i)bait gathering;

(ii)crabbing;

(iii)limited collecting;

(iv)line fishing using not more than 3 hand-held rods or handlines, for each person, with not more than 6 hooks in total for each person;

(v)limited spearfishing;

(vi)netting, including bait netting;

(vii)oyster gathering;

(viii)fishing or collecting for an accredited harvest fishery in compliance with any requirements applying to the accreditation;

(ix)trawling;

(x)trolling;

(c)to carry out a traditional use of marine resources that—

(i)includes another activity permitted under this section; or

(ii)is carried out in a way provided for under an accredited traditional use of marine resources agreement, including any conditions or requirements applying under the agreement;

(d)to carry out a limited media activity;

(e)to carry out limited impact research (extractive) or limited impact research (non-extractive);

(f)to conduct a limited educational program;

(g)to operate a vessel or aircraft in a particular area in the zone for not more than—

(i)14 consecutive days; or

(ii)30 days in any period of 60 days;

(h)to navigate a vessel or aircraft, other than a ship or a managed vessel or aircraft, if any equipment normally used for fishing or collecting is stowed or secured when the vessel or aircraft is in an area of the zone in which the use of the equipment is not authorised under the Act.

Note—

See part 7 for the restrictions applying to an activity mentioned in this section.

10Entry or use with permission

A person may enter or use an area in the general use zone, for any of the following purposes, only with a permission—

(a)to carry out fishing or collecting, other than a fishing or collecting activity mentioned in section 9(b), for any of the following purposes—

(i)for a harvest fishery, other than an accredited harvest fishery;

(ii)for a developmental fishery program;

(iii)collecting other than limited collecting;

(b)to carry out a traditional use of marine resources, other than a traditional use of marine resources mentioned in section 9(c);

(c)to conduct an aquaculture operation (other than an aquaculture operation that involves the addition of feed), including the following—

(i)the collection of wild species and the introduction of animals and animal husbandry;

(ii)the generation, release or treatment of chemicals, waste or other pollutants;

(iii)the harvesting or removal, including, for example, by trawling, of a plant or animal that is the subject of the aquaculture operation;

(d)to operate a fishing industry service vessel;

(e)to conduct a tourism program;

(f)to carry out research, other than limited impact research (extractive) or limited impact research (non-extractive);

(g)to engage in an educational program, other than a limited educational program;

(h)to conduct a vessel or aircraft charter operation;

(i)to operate a vessel or aircraft in a particular area in the zone for more than—

(i)14 consecutive days; or

(ii)30 days in any period of 60 days;

(j)to navigate a ship or a managed vessel or aircraft;

(k)to operate a facility for a purpose (other than the use of a vessel for a purpose mentioned in section 9) consistent with the objects for the general use zone, including, for example, by carrying out any of the following—

(i)discharging waste from the facility;

(ii)building, assembling, fixing in position, maintaining or demolishing the facility;

(iii)constructing or operating mooring facilities for vessels or aircraft;

(iv)operating a landing area or facility for aircraft;

(l)to carry out works for a purpose consistent with the objects for the general use zone, including, for example, any of the following—

(i)dredging;

(ii)dumping of spoil;

(iii)reclamation;

(iv)beach protection works;

(v)harbour works;

(m)to carry out a program for taking a plant or animal that poses a threat to—

(i)human life or safety; or

(ii)the marine park’s marine ecosystems; or

(iii)the use or amenity of an area in, or adjacent to, the marine park;

(n)to explore for or mine for minerals, if the person is the holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining;

(o)to explore for or produce petroleum, if the person is the holder of a lease, licence, permit or other authority under the Petroleum and Gas (Production and Safety) Act 2004 or the Petroleum Act 1923 that authorises the exploration or production;

(p)to carry out geothermal exploration, if the person is the holder of a permit under the Geothermal Energy Act 2010 that authorises the exploration;

(q)any other purpose (other than a purpose mentioned in section 9) consistent with the objects for the general use zone.

Notes—

1For the procedure for applying for a permission to enter or use a marine park, see the Marine Parks Regulation 2017, part 3.

2See part 7 for the restrictions applying to an activity mentioned in this section.

11Entry or use without permission

A person may enter or use an area in the habitat protection zone, for any of the following purposes, without a permission—

(a)to carry out a low impact activity not involving fishing or collecting;

(b)to carry out any of the following fishing or collecting activities—

(i)bait gathering;

(ii)crabbing;

(iii)limited collecting;

(iv)line fishing using not more than 3 hand-held rods or handlines, for each person, with not more than 6 hooks in total for each person;

(v)limited spearfishing;

(vi)netting, including bait netting;

(vii)oyster gathering;

(viii)fishing or collecting for an accredited harvest fishery in compliance with any requirements applying to the accreditation;

(ix)trolling;

(c)to carry out a traditional use of marine resources that—

(i)includes another activity permitted under this section; or

(ii)is carried out in a way provided for under an accredited traditional use of marine resources agreement, including any conditions or requirements applying under the agreement;

(d)to carry out a limited media activity;

(e)to carry out limited impact research (extractive) or limited impact research (non-extractive);

(f)to conduct a limited educational program;

(g)to operate a vessel or aircraft in a particular area in the zone for not more than—

(i)14 consecutive days; or

(ii)30 days in any period of 60 days;

(h)to navigate a vessel or aircraft, other than a ship or a managed vessel or aircraft, if any equipment normally used for fishing or collecting is stowed or secured when the vessel or aircraft is in an area of the zone in which the use of the equipment is not authorised under the Act.

Note—

See part 7 for the restrictions applying to an activity mentioned in this section.

12Entry or use with permission

A person may enter or use an area in the habitat protection zone, for any of the following purposes, only with a permission—

(a)to carry out fishing or collecting, other than a fishing or collecting activity mentioned in section 11(b), for any of the following purposes—

(i)for a harvest fishery, other than an accredited harvest fishery;

(ii)for a developmental fishery program;

(iii)collecting other than limited collecting;

(b)to carry out a traditional use of marine resources, other than a traditional use of marine resources mentioned in section 11(c);

(c)to conduct an aquaculture operation (other than an aquaculture operation that involves dredging, trawling or the addition of feed) consistent with the objects for the habitat protection zone, including the following—

(i)the collection of wild species and the introduction of animals and animal husbandry;

(ii)the generation, release or treatment of chemicals, waste or other pollutants;

(iii)the harvesting or removal, other than by trawling, of an aquaculture product;

(d)to operate a fishing industry service vessel;

(e)to conduct a tourism program;

(f)to carry out research, other than limited impact research (extractive) or limited impact research (non-extractive);

(g)to engage in an educational program, other than a limited educational program;

(h)to conduct a vessel or aircraft charter operation;

(i)to operate a vessel or aircraft in a particular area in the zone for more than—

(i)14 consecutive days; or

(ii)30 days in any period of 60 days;

(j)to navigate a ship or a managed vessel or aircraft;

(k)to operate a facility for a purpose (other than the use of a vessel for a purpose mentioned in section 11) consistent with the objects for the habitat protection zone, including, for example, by carrying out any of the following—

(i)discharging waste from the facility;

(ii)building, assembling, fixing in position, maintaining or demolishing the facility;

(iii)constructing or operating mooring facilities for vessels or aircraft;

(iv)operating a landing area or facility for aircraft;

(l)to carry out works for a purpose consistent with the objects for the habitat protection zone, including, for example, any of the following—

(i)dredging;

(ii)dumping of spoil;

(iii)reclamation;

(iv)beach protection works;

(v)harbour works;

(m)to carry out a program for taking a plant or animal that poses a threat to—

(i)human life or safety; or

(ii)marine ecosystems of the marine park; or

(iii)the use or amenity of an area in the marine park or an area adjacent to the marine park;

(n)to explore for or mine for minerals, if the person is the holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining;

(o)to explore for or produce petroleum, if the person is the holder of a lease, licence, permit or other authority under the Petroleum and Gas (Production and Safety) Act 2004 or the Petroleum Act 1923 that authorises the exploration or production;

(p)to carry out geothermal exploration, if the person is the holder of a permit under the Geothermal Energy Act 2010 that authorises the exploration;

(q)any other purpose (other than a purpose mentioned in section 11) consistent with the objects for the habitat protection zone.

Notes—

1For the procedure for applying for a permission to enter or use a marine park, see the Marine Parks Regulation 2017, part 3.

2See part 7 for the restrictions applying to an activity mentioned in this section.

13Entry or use without permission

(1)A person may enter or use an area in the conservation park zone, for any of the following purposes, without a permission—

(a)to carry out a low impact activity not involving fishing or collecting;

(b)to carry out any of the following fishing or collecting activities—

(i)bait gathering;

(ii)bait netting;

(iii)limited collecting;

(iv)limited crabbing;

(v)limited line fishing;

(vi)limited spearfishing;

(vii)oyster gathering;

(viii)fishing or collecting for the aquarium fish fishery, or the beachworm fishery, in compliance with any requirements applying to its accreditation as an accredited harvest fishery;

(ix)trolling;

(c)to carry out a traditional use of marine resources that—

(i)includes another activity permitted under this section; or

(ii)is carried out in a way provided for under an accredited traditional use of marine resources agreement, including any conditions or requirements applying under the agreement;

(d)to carry out a limited media activity;

(e)to carry out limited impact research (extractive) or limited impact research (non-extractive);

(f)to conduct a limited educational program;

(g)to operate a vessel or aircraft in a particular area in the zone for not more than—

(i)14 consecutive days; or

(ii)30 days in any period of 60 days;

(h)to navigate a vessel or aircraft, other than a ship or a managed vessel or aircraft, if any equipment normally used for fishing or collecting is stowed or secured when the vessel or aircraft is in an area of the zone in which the use of the equipment is not authorised under the Act.

(2)In this section—

limited line fishing means fishing using only—

(a)1 hand-held fishing rod with only 1 hook; or

(b)1 handline with only 1 hook.

Note—

See part 7 for the restrictions applying to an activity mentioned in this section.

14Entry or use with permission

A person may enter or use an area in the conservation park zone, for any of the following purposes, only with a permission—

(a)fishing or collecting in the aquarium fish fishery or the beachworm fishery;

(b)to carry out a traditional use of marine resources other than a traditional use of marine resources mentioned in section 13(1)(c);

(c)to conduct an aquaculture operation (other than an aquaculture operation that involves dredging, trawling or the addition of feed) consistent with the objects for the conservation park zone, including the following—

(i)the collection of wild species and the introduction of animals and animal husbandry; and

(ii)the generation, release or treatment of chemicals, waste or other pollutants; and

(iii)the harvesting or removal, other than by trawling, of an aquaculture product;

(d)to operate a fishing industry service vessel;

(e)to conduct a tourism program;

(f)to carry out research, other than limited impact research (extractive) or limited impact research (non-extractive);

(g)to engage in an educational program, other than a limited educational program;

(h)to conduct a vessel or aircraft charter operation;

(i)to operate a vessel or aircraft in a particular area in the zone for more than—

(i)14 consecutive days; or

(ii)30 days in any period of 60 days;

(j)to navigate a ship or a managed vessel or aircraft;

(k)to operate a facility for a purpose (other than the use of a vessel for a purpose mentioned in section 13) consistent with the objects for the conservation park zone, including, for example, by carrying out any of the following—

(i)discharging waste from the facility;

(ii)building, assembling, fixing in position, maintaining or demolishing the facility;

(iii)constructing or operating mooring facilities for vessels or aircraft;

(iv)operating a landing area or facility for aircraft;

(l)to carry out works for a purpose consistent with the objects for the conservation park zone;

(m)to carry out a program for taking a plant or animal that poses a threat to—

(i)human life or safety; or

(ii)marine ecosystems of the marine park; or

(iii)the use or amenity of an area in the marine park or an area adjacent to the marine park;

(n)any other purpose (other than a purpose mentioned in section 13) consistent with the objects for the conservation park zone.

Notes—

1For the procedure for applying for a permission to enter or use a marine park, see the Marine Parks Regulation 2017, part 3.

2See part 7 for the restrictions applying to an activity mentioned in this section.

15Entry or use without permission

A person may enter or use an area in the buffer zone, for any of the following purposes, without a permission—

(a)to carry out a low impact activity not involving fishing or collecting;

(b)to carry out fishing or collecting involving the taking of pelagic species by trolling;

(c)to carry out a traditional use of marine resources that—

(i)includes another activity permitted under this section; or

(ii)is carried out in a way provided for under an accredited traditional use of marine resources agreement, including any conditions or requirements applying under the agreement;

(d)to carry out a limited media activity;

(e)to carry out limited impact research (non-extractive);

(f)to conduct a limited educational program;

(g)to operate a vessel or aircraft in a particular area in the zone for not more than—

(i)14 consecutive days; or

(ii)30 days in any period of 60 days;

(h)to navigate a vessel or aircraft, other than a ship or a managed vessel or aircraft, if any equipment normally used for fishing or collecting is stowed or secured when the vessel or aircraft is in an area of the zone in which the use of the equipment is not authorised under the Act.

Note—

See part 7 for the restrictions applying to an activity mentioned in this section.

16Entry or use with permission

A person may enter or use an area in the buffer zone, for any of the following purposes, only with a permission—

(a)to carry out a traditional use of marine resources other than a traditional use of marine resources mentioned in section 15(c);

(b)to operate a fishing industry service vessel;

(c)to conduct a tourism program;

(d)to carry out research, other than limited impact research (non-extractive), that the chief executive decides—

(i)is relevant to, and a priority for, the management of the marine park; or

(ii)can not reasonably be conducted elsewhere;

(e)to engage in an educational program, other than a limited educational program;

(f)to conduct a vessel or aircraft charter operation;

(g)to operate a vessel or aircraft in a particular area in the zone for more than—

(i)14 consecutive days; or

(ii)30 days in any period of 60 days;

(h)to navigate a ship or a managed vessel or aircraft;

(i)to operate a facility for a purpose (other than the use of a vessel for a purpose mentioned in section 15) consistent with the objects for the buffer zone, including, for example, by carrying out any of the following—

(i)discharging waste from the facility;

(ii)building, assembling, fixing in position, maintaining or demolishing the facility;

(iii)constructing or operating mooring facilities for vessels or aircraft;

(iv)operating a landing area or facility for aircraft;

(j)to carry out works for a purpose consistent with the objects for the buffer zone;

(k)to carry out a program for taking a plant or animal that poses a threat to—

(i)human life or safety; or

(ii)marine ecosystems of the marine park; or

(iii)the use or amenity of an area in the marine park or an area adjacent to the marine park;

(l)any other purpose (other than a purpose mentioned in section 15) consistent with the objects for the buffer zone.

Notes—

1For the procedure for applying for a permission to enter or use a marine park, see the Marine Parks Regulation 2017, part 3.

2See part 7 for the restrictions applying to an activity mentioned in this section.

17Entry or use without permission

A person may enter or use an area in the marine national park zone, for any of the following purposes, without a permission—

(a)to carry out a low impact activity not involving fishing or collecting;

(b)to carry out a traditional use of marine resources that—

(i)includes another activity permitted under this section; or

(ii)is carried out in a way provided for under an accredited traditional use of marine resources agreement, including any conditions or requirements applying under the agreement;

(c)to carry out a limited media activity;

(d)to carry out limited impact research (non-extractive);

(e)to conduct a limited educational program;

(f)to operate a vessel or aircraft in a particular area in the zone for not more than—

(i)14 consecutive days; or

(ii)30 days in any period of 60 days;

(g)to navigate a vessel or aircraft, other than a ship or a managed vessel or aircraft, if any equipment normally used for fishing or collecting is stowed or secured when the vessel or aircraft is in an area of the zone in which the use of the equipment is not authorised under the Act.

Note—

See part 7 for the restrictions applying to an activity mentioned in this section.

18Entry or use with permission

A person may enter or use an area in the marine national park zone, for any of the following purposes, only with a permission—

(a)to carry out a traditional use of marine resources other than a traditional use of marine resources mentioned in section 17(b);

(b)to operate a fishing industry service vessel;

(c)to conduct a tourism program;

(d)to carry out research, other than limited impact research (non-extractive), that the chief executive decides—

(i)is relevant to, and a priority for, the management of the marine park; or

(ii)can not reasonably be conducted elsewhere;

(e)to conduct an educational program, other than a limited educational program;

(f)to conduct a vessel or aircraft charter operation;

(g)to operate a vessel or aircraft in a particular area in the zone for more than—

(i)14 consecutive days; or

(ii)30 days in any period of 60 days;

(h)to navigate a ship or a managed vessel or aircraft;

(i)to operate a facility for a purpose (other than the use of a vessel or aircraft for a purpose mentioned in section 17) consistent with the objects for the marine national park zone, including, for example, by carrying out any of the following—

(i)discharging waste from the facility;

(ii)building, assembling, fixing in position, maintaining or demolishing the facility;

(iii)constructing or operating mooring facilities for vessels or aircraft;

(iv)operating a landing area or facility for aircraft;

(j)to carry out works for a purpose consistent with the objects for the marine national park zone;

(k)to carry out a program for taking a plant or animal that poses a threat to—

(i)human life or safety; or

(ii)marine ecosystems of the marine park; or

(iii)the use or amenity of an area in the marine park or an area adjacent to the marine park;

(l)any other purpose (other than a purpose mentioned in section 17) consistent with the objects for the marine national park zone.

Notes—

1For the procedure for applying for a permission to enter or use a marine park, see the Marine Parks Regulation 2017, part 3.

2See part 7 for the restrictions applying to an activity mentioned in this section.

19Relationship between this part and pt 4

This part is subject to part 4.

20Areas established for special management—Act, schedule, definition designated area

(1)The following areas of the marine park (each a designated area) are established for special management—

(a)ex-HMAS Tobruk area;

(b)fish trap areas;

(c)go slow areas;

(d)Great Sandy area;

(e)grey nurse shark area;

(f)Mon Repos area;

(g)shorebird roosting and feeding areas;

(h)turtle monitoring area;

(i)turtle protection area.

(2)For each designated area, the areas that are within the designated area are shown on plan MP3 as in force on 3 May 2019 and prepared by the department.

(3)The chief executive must ensure a copy of the plan is available, free of charge, on the department’s website.

(4)A designated area may be all or part of 1 or more zones.

s 20 amd 2019 SL No. 64 s 8

21Application of division

This division applies to the following areas (each a relevant designated area)—

(a)ex-HMAS Tobruk area;

(b)go slow areas;

(c)grey nurse shark area;

(d)Mon Repos area;

(e)shorebird roosting and feeding areas;

(f)turtle monitoring area;

(g)turtle protection area.

s 21 amd 2019 SL No. 64 s 9

22Application for a permission to enter or use zone

(1)This section applies if—

(a)a person applies for a permission to enter or use a zone or part of a zone; and

(b)the zone, or part of a zone, for which the application is made (the relevant area) is in a relevant designated area.

(2)The chief executive must not grant the permission if entering or using the relevant area under the permission (if it were to be granted) would be inconsistent with the objects of the relevant designated area.

Note—

See the Marine Parks Regulation 2017, sections 10 and 11, for matters the chief executive must or may have regard to in considering an application for a permission.

(3)Also, if the designated area is the ex-HMAS Tobruk area, the permission may only be granted for the following purposes—

(a)to carry out diving or snorkelling and activities relating to diving or snorkelling;

(b)to carry out research that the chief executive decides—

(i)is relevant to, and a priority for, the management of the marine park; and

(ii)can not reasonably be conducted elsewhere;

(c)to carry out another purpose, if the chief executive considers it would be beneficial to the natural and cultural resources of the marine park if the permission were granted.

s 22 amd 2019 SL No. 64 s 10

23Special management provision

A public authority exercising statutory powers in a relevant designated area must consult with the chief executive about any proposal or action that may not be consistent with the objects of the area.

div hdg ins 2019 SL No. 64 s 11

23AObjects

(1)The objects for the ex-HMAS Tobruk area are—

(a)to manage and maintain the wreck of the ex-HMAS Tobruk; and

(b)to provide safe opportunities for public appreciation, understanding and enjoyment of the area; and

(c)to minimise damage, disturbance or any other interference to the wreck of the ex-HMAS Tobruk caused by entry to, or use of, the area; and

(d)to minimise harm or distress to the living organisms in the area, and disturbance to other natural resources in the area, caused by entry to, or use of, the area.

(2)The objects mentioned in subsection (1) are in addition to the objects for the zone in which the area or part of it is located.

s 23A ins 2019 SL No. 64 s 11

23BEntry or use of the area

(1)A person must not, without a permission or authority under a commercial activity agreement, enter or use the ex-HMAS Tobruk area for any purpose, unless the person has a reasonable excuse.

Maximum penalty—80 penalty units.

Note—

See section 22(3) for the purposes for which a permission to enter or use the ex-HMAS Tobruk area may be granted.

(2)A person must not, without a permission granted under section 22(3)(b), carry out fishing or collecting in the ex-HMAS Tobruk area, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(3)A person must not, without a permission granted under section 22(3)(b), interfere with the wreck of the ex-HMAS Tobruk, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(4)In this section—

commercial activity agreement means a commercial activity agreement under the Marine Parks Regulation 2017, section 52.

interfere with, a wreck, includes the following—

(a)damaging, defacing or destroying the wreck;

(b)disturbing, exposing, moving or removing the wreck.

s 23B ins 2019 SL No. 64 s 11

24Object

(1)The object for each fish trap area is to protect important indigenous sites—

(a)from damage caused by anchors; and

(b)from excavating, modifying or removing material forming part of, associated with or contained in the area.

(2)The object mentioned in subsection (1) is in addition to the objects for the zone in which the area or part of the area is located.

25Special management provision

(1)A person must not, without a permission, enter or use an area in a fish trap area for—

(a)anchoring; or

(b)excavating, modifying or removing material forming part of, associated with or contained in the area; or

(c)conducting an activity that may impact on the integrity and cultural values of the area.

Maximum penalty—10 penalty units.

(2)This section does not apply to a traditional owner or traditional owner group for the area.

26Object

(1)The object for a go slow area is to protect turtles and dugongs from injury, disturbance or death caused by the operation of vessels.

(2)The object mentioned in subsection (1) is in addition to the objects for the zone in which the area or part of the area is located.

27Special management provision

(1)A person must not do either of the following in a go slow area—

(a)operate a vessel in a planing or non-displacement mode;

(b)operate a vessel in a way or at a speed that could reasonably be expected to result in the striking of a turtle or dugong.

Maximum penalty—10 penalty units.

(2)However, subsection (1) applies to a go slow area on the Woongarra Coast or on the northern end of Fraser Island only between the start of 15 October each year and the end of 30 April the following year.

(3)Also, this section does not apply to—

(a)a navigation channel; or

(b)an area in a go slow area to which a transit lane notice applies.

(4)In this section—

navigation channel means a marine channel marked by aids to navigation within the meaning of the Transport Operations (Marine Safety) Act 1994 and placed in the marine park under that Act.

transit lane notice, for an area in a go slow area, means a notice published in the gazette by the chief executive stating—

(a)the location and boundary of the area; and

(b)where a map showing the boundary of the area is available for public inspection.

28Object

(1)The object for the Great Sandy area is to maintain important existing lawful fisheries.

(2)The object mentioned in subsection (1) is in addition to the objects for the zone in which the area or part of the area is located.

29Special management provision

(1)A person must not enter or use the Great Sandy area—

(a)for carrying out netting unless the person holds, or is acting under, an authority to carry out the netting under the Fisheries Act 1994; or

(b)for line fishing unless the person is line fishing using not more than 3 hand-held rods or handlines, with a total of not more than 6 hooks attached to the lines; or

(c)for taking marine yabbies in the marine yabby fishery unless the person holds, or is acting under, authority number 3690, 1435 or 3464, that is an authority for taking the marine yabbies under the Fisheries Act 1994; or

(d)for taking bloodworms in the bloodworm fishery unless the person holds, or is acting under, an authority for taking the bloodworms under the Fisheries Act 1994.

Maximum penalty—100 penalty units.

(2)This section applies, despite section 13, to the area to the extent it is in the conservation park zone.

30Objects

(1)The objects for the grey nurse shark area are—

(a)to protect grey nurse shark populations; and

(b)to protect grey nurse shark habitat; and

(c)to minimise harm or distress caused directly or indirectly to grey nurse sharks by diving or other human activities.

(2)The objects mentioned in subsection (1) are in addition to the objects for the zone in which the area or part of it is located.

31Entry into or use of area

(1)A person must not dive between 6p.m. and 6a.m. in the grey nurse shark area, unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

(2)A person must not do any of the following in the grey nurse shark area—

(a)touch or feed a grey nurse shark;

(b)trap, or attempt to trap, a grey nurse shark;

(c)block a cave entrance or gutter;

(d)use electro–acoustic or mechanical apparatus in the water.

Maximum penalty—100 penalty units.

(3)A person must not interfere with a grey nurse shark’s natural behaviour in the grey nurse shark area.

Examples—

•chasing or harassing the shark

•interrupting the shark’s swimming pattern

Maximum penalty—100 penalty units.

(4)A person who is part of a group of divers in the grey nurse shark area must not dive in the area if it would result in more than 10 divers from the group being in the water at the same time.

Maximum penalty—10 penalty units.

(5)However, subsection (4) does not apply to a person participating in a tourism program, if the person is diving under the instructions of the program’s operator.

(6)In this section—

electro–acoustic or mechanical apparatus—

(a)includes an underwater scooter, a horn and a shark repelling device; but

(b)does not include the following—

(i)equipment commonly used for diving;

Examples—

•scuba equipment

•equipment required for diving under the Work Health and Safety Act 2011

(ii)equipment required for emergency defence activities.

Example—

mine detection equipment

32Information about area restrictions must be given

An operator must ensure that, before a person participating in the operator’s tourism program enters the water in the grey nurse shark area, the person is given information about the area restrictions for the area.

Maximum penalty—10 penalty units.

33Displaying area restrictions sign

(1)An operator must display a sign stating the area restrictions and complying with subsections (2) and (3)—

(a)in each place, under the operator’s control or management, where diving activities in the grey nurse shark area are organised or promoted; and

(b)on each vessel used by the operator to carry divers in the area.

Maximum penalty—10 penalty units.

(2)The sign must be—

(a)clearly visible to each person entering the place or vessel; and

(b)at least 297mm x 210mm in size; and

(c)made of durable and weatherproof material.

(3)The lettering on the sign must be—

(a)at least 3mm in height and in a bold style; and

(b)durable, legible and clearly visible.

34Restriction on number of persons diving

(1)An operator must ensure that, in the grey nurse shark area—

(a)the persons in the group in excess of 10 are dive instructors or certified assistants, or a combination of both, for the group; and

(b)not more than 12 persons in a group of divers participating in the operator’s tourism program are in the water at the same time.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply if the operator has the chief executive’s written authority for more than 10 persons in the group to be in the water at the same time.

(3)The chief executive may give an authority mentioned in subsection (2) only if the chief executive is satisfied the proposed entry into, or use of, the area under the program is consistent with the objects mentioned in section 30.

(4)In this section—

certified assistant means a person who holds a current qualification from a recreational dive training organisation, designed to qualify the person to assist a dive instructor.

dive instructor means a person who holds a current qualification from a recreational dive training organisation, designed to qualify the person as a scuba instructor.

recreational dive training organisation see the Safety in Recreational Water Activities Regulation 2011, schedule.

s 34 amd 2019 SL No. 64 s 12

35Application of subdivision

This subdivision applies to a dive club conducting diving activities for its members in the grey nurse shark area.

36Information about zone and area restrictions must be given

A dive club or, if the club is not an incorporated entity, each relevant person for the club, must, before a member or guest of, or visitor to, the club (the diver) enters the water in the grey nurse shark area as part of the club’s diving activities, ensure the diver is given information about—

(a)any restrictions applying under part 2, division 6 or 7 for the entry into, or use of, the zone; and

(b)the area restrictions for the grey nurse shark area.

Maximum penalty—10 penalty units.

37Displaying area restrictions sign

(1)A dive club or, if the club is not an incorporated entity, each relevant person for the club, must ensure a sign stating the area restrictions and complying with subsections (2) and (3) is displayed—

(a)in each place, under the control or management of the club or relevant person, where diving activities in the grey nurse shark area are organised or promoted; and

(b)on each vessel used by the club to carry the club’s members, guests or visitors for diving activities in the area.

Maximum penalty—10 penalty units.

(2)The sign must be—

(a)clearly visible to each person entering the place or vessel; and

(b)at least 297mm x 210mm in size; and

(c)made of durable and weatherproof material.

(3)The lettering on the sign must be—

(a)at least 3mm in height and in a bold style; and

(b)durable, legible and clearly visible.

38Prohibited area notice

(1)The chief executive may make a prohibited area notice if the chief executive is satisfied urgent action is needed to deal with a significant threat to a grey nurse shark population.

(2)Without limiting subsection (1), the chief executive may be satisfied urgent action is needed to deal with a significant threat to a grey nurse shark population if a female grey nurse shark in the prohibited area has recently given or is about to give birth.

39Requirements for notice

(1)A prohibited area notice must state each of the following—

(a)the location and boundary of the prohibited area under the notice;

(b)where a map showing the boundary of the prohibited area is available for public inspection;

(c)the prohibition applying under the notice;

(d)the period for which the notice has effect.

(2)The chief executive must publish the prohibited area notice in the gazette and may publish it in other ways the chief executive considers appropriate.

Editor’s note—

A copy of a prohibited area notice made under section 38 may be inspected, free of charge, on the department’s website.

40Duration of notice

(1)A prohibited area notice has effect from its publication in the gazette until whichever of the following happens first—

(a)the period of effect stated in the notice ends;

(b)the notice is repealed by this plan.

(2)The period of effect stated in the notice must be not more than 90 days.

(3)The chief executive may, by a further notice published in the gazette, extend the period by not more than 90 days.

41Offence to contravene notice

A person must comply with a prohibited area notice, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

42Relationship between notice and other instruments

A prohibited area notice prevails to the extent of any inconsistency with—

(a)this plan, other than section 50; or

(b)a declaration of a restricted access area under the Marine Parks Regulation 2017, section 119.

43Objects

(1)The objects for the Mon Repos area are—

(a)to protect turtles and their habitat; and

(b)to minimise harm or distress caused directly or indirectly to turtles by human activities or domestic animals.

(2)The objects mentioned in subsection (1) are in addition to the objects for the zone in which the area or part of it is located.

44Special management provision

(1)This section applies to entry into, or use of, the Mon Repos area between the start of 15 October each year and the end of 30 April the following year.

(2)A person must not, without a permission for the area—

(a)use a vehicle in the area other than for monitoring or managing turtles; or

(b)bring a domestic animal into the area, or allow a domestic animal under the person’s control to enter or use the area; or

(c)between 6p.m. and 6a.m.—

(i)use a vessel or swim or fish in the area; or

(ii)use an artificial light, other than 1 hand-held electric torch of not more than 3V; or

(iii)project light so as to cause a change in the ambient light horizons in the area sufficient to disturb turtles.

Maximum penalty—10 penalty units.

(3)A person in the area must, unless the person has a reasonable excuse, comply with any direction, given by the chief executive or an inspector, for the protection or management of turtles.

Maximum penalty—100 penalty units.

45Objects

(1)The objects for a shorebird roosting and feeding area are—

(a)to protect shorebirds, particularly migratory shorebirds, and their habitat; and

(b)to minimise harm or distress caused directly or indirectly to shorebirds by human activities or domestic animals.

(2)The objects mentioned in subsection (1) are in addition to the objects for the zone in which the area or part of it is located.

46Special management provisions

(1)A person must not take a dog into a shorebird roosting and feeding area unless the dog is controlled or restrained in a way that prevents the dog from causing excessive disturbance to shorebirds in the area.

Maximum penalty—10 penalty units.

(2)A person must not, in a shorebird roosting and feeding area—

(a)navigate a vessel, or drive a vehicle, through a group of feeding or roosting shorebirds; or

(b)land, or take off in, an aircraft through a group of feeding or roosting shorebirds; or

(c)cause excessive disturbance to shorebirds or their habitat.

Maximum penalty—10 penalty units.

47Objects

(1)The objects for the turtle monitoring area are—

(a)to protect turtles and their habitat; and

(b)to monitor any effects on turtles from human activities, including trawling; and

(c)to respond to risks to turtles.

Note—

See also division 3, which is about restrictions applying to particular designated areas.

(2)The objects mentioned in subsection (1) are in addition to the objects for the zone in which the area or part of it is located.

48Objects

(1)The objects for the turtle protection area are—

(a)to protect turtles and their habitat; and

(b)to minimise harm or distress caused directly or indirectly to turtles by human activities, including trawling.

(2)The objects mentioned in subsection (1) are in addition to the objects for the zone in which the area or part of it is located.

49Special management provision

A person must not trawl in the turtle protection area between the start of 1 November each year and the end of 31 January the following year.

Maximum penalty—100 penalty units.

50Entry or use without permission or notification

A person may enter or use an area in the marine park, without a permission for the area and without notifying the chief executive, for any of the following purposes—

(a)if there is an emergency—

(i)to investigate and respond to an emergency alert; or

(ii)to save human life or avoid risk of injury to a person; or

(iii)to deal with a threat of pollution to the marine environment under a law of the Commonwealth or a national emergency response arrangement in which the chief executive participates; or

(iv)to locate or secure the safety of an aircraft, vessel or structure that is, or may be, endangered by stress of weather or by navigational or operational hazards; or

(v)to carry out emergency repairs to a navigational aid; or

(vi)to remove or salvage a vessel or aircraft, or a section of a vessel or aircraft, or other wreck, that is wrecked, stranded, sunk or abandoned and poses a threat to the marine environment or safety;

(b)if the person is a traditional owner and the activity does not involve fishing or collecting—for the purposes of Aboriginal tradition or Island custom;

(c)to enforce a provision of an Act of the Commonwealth or the State by a person authorised under that Act, or another Act that provides for substantially the same matter as that Act, to enforce the Act;

(d)to carry out reconnaissance or surveillance for the Commonwealth or the State.

51Entry or use without permission after notification

(1)A person may enter or use an area in the marine park for a purpose mentioned in subsection (4).

(2)However, a person intending to enter or use an area in the marine park for a purpose mentioned in subsection (4) must give the chief executive a notice stating the person intends to enter or use the area for the purpose.

(3)The chief executive may, on receiving the notice, impose conditions on the entry or use.

Note—

See section 45 of the Act and section 138 of the Marine Parks Regulation 2017 for offences relating to a person entering or using a marine park for a purpose for which a notice must be given to the chief executive.

(4)Each of the following is a purpose for subsection (1)—

(a)if there is not an emergency—to remove or salvage a vessel or aircraft, or a section of a vessel or aircraft, or other wreck, that is wrecked, stranded, sunk or abandoned;

(b)to construct, operate or service navigational aids, or their ancillary buildings or works, that are authorised under a law of the Commonwealth or the State, including the operation of vessels and aircraft for the purposes;

(c)to undertake maintenance dredging for navigational purposes;

(d)to install, maintain or remove a sign for or about the Fisheries Act 1994;

(e)to undertake defence activities that would otherwise be activities that would require a permission under this plan;

(f)to undertake government geodetic, bathymetric or similar surveys;

(g)to undertake urgent maintenance or works on essential public services, that are authorised under a law of the Commonwealth, the State or a local government authority;

Examples of essential public services—

power, water, sewerage or communication systems

(h)to deal with an emergency involving a serious threat to the environment, other than a threat mentioned in section 50(a)(iii).

(5)In this section—

maintenance dredging means dredging to ensure that lawfully dredged channels, berths or construction works are maintained at the authorised dimensions.

52Entry or use for non-conforming use with permission

(1)A person may enter or use an area in the marine park mentioned in schedule 1, column 1, with a permission for the area, for a purpose mentioned in schedule 1, column 2 opposite the area.

(2)However, the entry or use of the area is subject to the conditions mentioned, in schedule 1, column 3, opposite the area.

(3)Subsection (2) does not limit the conditions to which the permission may be subject.

53Entry or use for taking protected species etc.

(1)A person must not enter or use an area in the marine park for the taking of an animal or plant of a protected species unless—

(a)the person complies with—

(i)any permission granted by the chief executive under the Marine Parks Regulation 2017, part 3, in relation to the entering or use; or

(ii)any accredited traditional use of marine resources agreement, including any conditions or requirements applying under the agreement, applying to the area; or

(b)the taking is for an accredited harvest fishery in compliance with any requirements applying to the accreditation.

(2)A person must not enter or use an area in the marine park for the taking of a pipefish of the species Solegnathus hardwickii or S. dunckeri unless the person complies with—

(a)any fisheries declaration about the taking of the pipefish under the Fisheries Declaration 2019; and

(b)the Fisheries Regulation 2008, chapter 7A in relation to the taking, possession or use of the pipefish.

s 53 amd 2019 SL No. 71 s 59 sch 1

54Accreditation of traditional use of marine resources agreement

The chief executive may, for this plan, accredit a traditional use of marine resources agreement.

55Application for accreditation

(1)A person may apply to the chief executive for accreditation of a traditional use of marine resources agreement.

(2)The application must—

(a)be in writing; and

(b)include the following information—

(i)the names of all the members of the traditional owner group in whose name the application is made;

(ii)the name and address of a person to whom correspondence may be sent on behalf of the traditional owner group; and

(c)be accompanied by—

(i)a copy of the agreement; and

(ii)written confirmation, by a relevant representative Aboriginal/Torres Strait Islander body, that each member of the traditional owner group in whose name the application is made is a traditional owner for the part of the marine park in relation to which the agreement is to operate.

56Considering application

The chief executive must have regard to each of the following in considering the application—

(a)the terms of the agreement;

(b)the objects of the zone or zones in which the proposed traditional use of marine resources is proposed to be undertaken;

(c)the likely effect of the accreditation on future options for the marine park;

(d)the nature and scale of the proposed traditional use of marine resources;

(e)conservation of the natural resources of the marine park, including—

(i)the need for conserving protected species in the marine park; and

(ii)the capability of the relevant population of a protected species to sustain harvesting;

(f)any other requirements for ensuring the orderly and proper management of the marine park;

(g)the need to protect the cultural resources held in relation to the marine park by traditional owners or other people;

(h)the possible effects of the proposed traditional use of marine resources on the environment, the adequacy of safeguards for the environment and the likely effects of that use on adjoining and adjacent areas;

(i)any existing agreements or arrangements between the chief executive and the traditional owners who prepared the agreement;

(j)any legislation or government policy applying to the proposed traditional use of marine resources;

(k)any other relevant matters, including, for example, any action necessary to avoid, remedy or minimise unacceptable environmental impact.

57Additional information or documents for application

(1)The chief executive may, by written notice, ask the applicant to give the chief executive further reasonable information or documents about the application by the reasonable date stated in the notice.

(2)The chief executive may refuse the application if the applicant does not, without reasonable excuse, give the chief executive the further information or documents by the stated day.

(3)If the chief executive agrees, the applicant may amend the application before the chief executive has finished considering it.

58Chief executive must grant or refuse application

(1)The chief executive must consider each proper application and either grant or refuse the application.

(2)In this section—

proper application means an application—

(a)that complies with section 55(2); and

(b)for which any requests for information or documents made under section 57 have been complied with.

59Refusing application

If the chief executive decides to refuse the application, the chief executive must, within 14 days after making the decision, give the applicant a written notice stating the decision and the reasons for it.

60Granting application

(1)This section applies if the chief executive grants the application.

(2)The chief executive must also decide—

(a)when the accredited traditional use of marine resources agreement is to come into effect; and

(b)when the accredited traditional use of marine resources agreement is to cease to have effect.

(3)Also, the chief executive must—

(a)give the applicant a copy of the accredited traditional use of marine resources agreement and a written notice stating the following—

(i)the day the accredited traditional use of marine resources agreement comes into effect;

(ii)the day the accredited traditional use of marine resources agreement ceases to have effect;

(iii)any conditions imposed on the accreditation under section 61; and

(b)publish a notice in the gazette stating the agreement is an accredited traditional use of marine resources agreement for this plan.

61Conditions on accreditation

The chief executive may impose the following types of conditions on an accreditation of a traditional use of marine resources agreement—

(a)conditions allowing the holder of the accreditation to authorise other persons to carry out activities under the agreement and stating the maximum number of persons the holder may authorise;

(b)conditions that are appropriate for achieving the purposes of the Act, including, for example, conditions requiring particular persons to give the chief executive a written undertaking for activities carried out under the agreement.

62Term of accreditation

An accreditation of a traditional use of marine resources agreement remains in force, unless sooner cancelled or suspended, for the period—

(a)starting on the day the chief executive has decided as the day when the accredited traditional use of marine resources agreement is to come into effect; and

(b)ending on the day the chief executive has decided as the day when the accredited traditional use of marine resources agreement is to cease to have effect.

63Amendment of accreditation—grounds

The chief executive may amend an accreditation of a traditional use of marine resources agreement, including, for example, by adding a further condition on the accreditation if—

(a)the holder of the accreditation has given written agreement to the amendment; or

(b)the chief executive believes on reasonable grounds the amendment is necessary or desirable for conservation of the marine park; or

(c)the holder of the accreditation has failed to comply with a condition of the accreditation or the agreement.

64Suspension—grounds

The chief executive may suspend an accreditation of a traditional use of marine resources agreement if—

(a)the chief executive believes on reasonable grounds the suspension is necessary or desirable for conservation of the marine park; or

(b)the holder of the accreditation has failed to comply with a condition of the accreditation or the agreement; or

(c)the holder of the accreditation has committed, or is committing, an offence against the Act.

65Cancellation—grounds

The chief executive may cancel an accreditation of a traditional use of marine resources agreement if the chief executive believes on reasonable grounds—

(a)the accreditation was granted in error or because of a materially false or fraudulent document, statement or representation; or

(b)the holder of the accreditation—

(i)has failed to comply with a condition of the accreditation or the agreement; or

(ii)has committed, or is committing, an offence against the Act.

66Amendment, suspension or cancellation—procedure

(1)Before amending, suspending or cancelling an accreditation of a traditional use of marine resources agreement, the chief executive must give the holder of the accreditation a written notice inviting the holder to show why the accreditation should not be amended, suspended or cancelled (the proposed action).

(2)The notice must state the following—

(a)the proposed action;

(b)the grounds for the proposed action;

(c)the facts and circumstances forming the basis for the grounds;

(d)if the proposed action is to amend the accreditation, the proposed amendment;

(e)if the proposed action is suspension of the accreditation, the proposed suspension period;

(f)that representations may be made about the notice;

(g)how the representations may be made;

(h)where the representations may be made or sent;

(i)a day and time for making the representations or a period within which the representations must be made.

(3)The stated day or period must be, or must end, at least 28 days after the notice is given.

(4)If, after considering any representations made by the stated day or within the stated period, the chief executive still considers the proposed action should be taken, the chief executive may—

(a)if the proposed action is to amend the accreditation—amend the accreditation; or

(b)if the proposed action is to suspend the accreditation—suspend the accreditation for no longer than the proposed suspension period; or

(c)if the proposed action is to cancel the accreditation—cancel the accreditation or suspend it for a period.

(5)This section does not apply to an accreditation of a traditional use of marine resources agreement if the accreditation is amended under section 63(a).

67Notice and effect of amendment, suspension or cancellation

(1)If the chief executive amends, suspends or cancels an accreditation of a traditional use of marine resources agreement, the chief executive must give notice and particulars of the amendment, suspension or cancellation to the holder of the accreditation.

(2)The notice must state the decision and the reasons for it.

(3)If the chief executive amends the accreditation, the amendment takes effect from the day, not earlier than 28 days after the holder receives the notice, stated in the notice.

(4)If the chief executive suspends the accreditation, it is ineffective during the period of suspension.

(5)The suspension—

(a)may be for the period the chief executive decides; and

(b)has effect from—

(i)the day the notice is given; or

(ii)if a later day is stated in the notice—the stated day.

(6)If the chief executive cancels the accreditation, it ceases to have effect from—

(a)the day the notice is given; or

(b)if a later day is stated in the notice—the stated day.

68How chief executive to give notices under this division

(1)This section applies if the chief executive is required to give—

(a)the applicant for accreditation of a traditional use of marine resources agreement a notice under section 59 or 60(3)(a); or

(b)the holder of an accredited traditional use of marine resources agreement a notice under section 66(1) or 67(1).

(2)The chief executive complies with the requirement if the chief executive gives the notice to the person stated in the application for the accreditation as the person to whom correspondence may be sent on behalf of the traditional owner group in whose name the application is made.

69Termination of agreement by holder

(1)The holder of an accredited traditional use of marine resources agreement may terminate the agreement at any time by giving written notice terminating the agreement to the chief executive.

(2)The agreement ceases to have effect on—

(a)the day the chief executive receives the notice; or

(b)if the notice states a later day, not later than the day the accreditation of the agreement ceases to have effect—the later day stated in the notice.

(3)The accreditation of the agreement ceases to have effect on the day the agreement ceases to have effect.

70Giving authorisation under agreement

(1)This section applies if an accreditation of a traditional use of marine resources agreement includes a condition stating that the holder of the accreditation may authorise another person to carry out an activity that may be lawfully carried out in relation to the agreement for a stated period.

(2)The holder of the accreditation must keep a record of the relevant matters for any authorisation given under the agreement.

(3)In this section—

relevant matters, for an authorisation, means the following—

(a)the name of the person to whom the authorisation is given;

(b)the date on which the authorisation was given;

(c)the nature of the activity the person is authorised to carry out under the authorisation.

71Effect of authorisation given under agreement

(1)A person to whom an authorisation is given under an accredited traditional use of marine resources agreement may carry out an activity that is stated in the record kept by the holder of the accreditation under section 70(2).

(2)For subsection (1)—

(a)the person to whom the authorisation is given is taken to be a traditional owner; and

(b)the conditions imposed on the accreditation of the agreement, and any conditions stated in the agreement, apply to the person.

(3)To remove any doubt, it is declared that a person who gives an authorisation under an accredited traditional use of marine resources agreement may still carry out, in relation to the agreement, any activity for which the person has given an authorisation under the agreement.

72Matters chief executive must consider for all applications for particular permissions

(1)This section applies to an application for a permission, under the Marine Parks Regulation 2017, part 3, for an area in the marine park for a particular purpose.

(2)Without limiting the matters the chief executive must, under the Marine Parks Regulation 2017, part 3, have regard to in considering the application, the chief executive must have regard to the following—

(a)any effect the proposed entry or use of the zone will have on the environment as a result of the marine park’s natural hydrological pattern or natural coastal processes;

(b)the cumulative impact on the marine park of the proposed entry or use of the zone and any other entry or use of the marine park, particularly the cumulative impact of small-scale developments for which an environmental impact statement is not required.

73Additional matters chief executive must consider for an application for a permission for traditional use of particular marine resources

(1)This section applies to an application for a permission, under the Marine Parks Regulation 2017, part 3, for an area in the marine park for a traditional use of marine resources involving fishing or collecting.

(2)Without limiting the matters the chief executive must, under section 72 or the Marine Parks Regulation 2017, part 3, have regard to in considering the application, the chief executive must have regard to the following—

(a)the need for conservation of protected species in the area or marine park and, in particular, the capability of the relevant population of protected species in the area or marine park to sustain harvesting;

(b)the means to be employed in the proposed taking;

(c)the number of animals or plants, or the amount of marine product, proposed to be taken;

(d)the purpose of the proposed taking;

(e)whether the entry and use of the area will be in accordance with Aboriginal tradition or Island custom;

(f)whether the applicant is a traditional owner.

74Bait netting

(1)A person may carry out bait netting in the marine park using only—

(a)for a recreational fisher under the Fisheries Regulation 2008—a cast net, scoop net or seine net, complying with the Fisheries Declaration 2019, chapter 4, part 4; or

(b)for a commercial fisher—a cast net, or mesh net, complying with the Fisheries Regulation 2008, chapter 9, part 5.

(2)A commercial fisher who is bait netting in the conservation park zone (other than any part of the conservation zone in the Great Sandy area) must not—

(a)take a relevant fish while bait netting; or

(b)possess a relevant fish taken in contravention of paragraph (a).

(3)For subsection (2)(a), a commercial fisher does not take a relevant fish while bait netting if—

(a)the fish is taken unintentionally; and

(b)the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and

(c)the fisher immediately releases the fish into water deep enough to allow the fish to escape.

(4)In this section—

commercial fisher means a commercial fisher under the Fisheries Regulation 2008.

possess, a relevant fish, means—

(a)to have custody or control of the fish; or

(b)to have an ability or right to readily obtain custody or control of the fish.

relevant fish means a fish of any of the following species—

(a)bream of the genus Acanthopagrus or Rhabdosargus;

(b)flathead of the genus Platycephalus;

(c)whiting of the genus Sillago.

s 74 amd 2019 SL No. 71 s 59 sch 1

75Crabbing

(1)A person who is crabbing in the marine park must comply with subsections (2) and (3).

(2)Only the following, within the meaning of the Fisheries Regulation 2008, may be used—

(a)crab pots;

(b)collapsible traps;

(c)dillies.

(3)The apparatus mentioned in subsection (2) must be used as required under the Fisheries Declaration 2019 or the Fisheries Regulation 2008.

s 75 amd 2019 SL No. 71 s 59 sch 1

76Fishing or collecting

(1)A person who is fishing or collecting in the marine park must not take or possess—

(a)an animal or plant of a protected species; or

(b)a specimen of an animal of a species mentioned in schedule 2, part 1; or

(c)if the person is limited collecting, line fishing, spear fishing or trolling—more than a total of 5 specimens of any animal of a species mentioned in schedule 2, part 2, in any 28 day period.

(2)If a person takes or possesses an animal or plant of a species that is authorised to be taken under fisheries legislation—

(a)the person must not take or possess more than the number of specimens authorised by that legislation to be taken or possessed; and

(b)the taking or possessing must be in accordance with that legislation.

(3)A person must not detach more than 1 dory from a primary commercial fishing boat in the conservation park zone or the buffer zone.

(4)A person must not detach a dory from the relevant primary boat for the dory in the marine national park zone unless—

(a)the dory is engaged in the rescue or attempted rescue of an endangered person; or

(b)the dory is providing assistance to an endangered aircraft, boat or structure to prevent or mitigate damage to the environment or to the aircraft, boat or structure; or

(c)the dory is conveying a person on a direct journey from land to the relevant primary boat, or from the relevant primary boat to land, and throughout the journey the relevant primary boat remains within 1 nautical mile of both the dory and the land.

(5)In this section—

dory means a tender boat that a person who holds a commercial fishing licence may allow the tender boat to be used under the Fisheries Regulation 2008, section 246(1)(b), (c) or (d).

primary commercial fishing boat means a primary commercial fishing boat identified in a commercial fishing boat licence issued under the Fisheries Regulation 2008.

relevant primary boat, for a dory, means the primary commercial fishing boat identified in the commercial fishing boat licence in which the dory is identified.

77Limited crabbing

A person who is limited crabbing in the marine park must not use, alone or in combination, more than a total of 4 crab pots, or dillies, within the meaning of the Fisheries Regulation 2008.

78Limited impact research (extractive)

(1)A person installing or operating minor research aids for limited impact research (extractive) in the marine park must ensure the aids are installed or used in compliance with the following—

(a)not more than 10 stakes may be used for each research project;

(b)a stake must not protrude 300mm or more from the substrate;

(c)not more than 20 subsurface marker buoys may be used for each research project or for each location;

(d)a surface marker buoy or subsurface marker buoy must be attached by lines to—

(i)concrete nails driven into dead coral substrate; or

(ii)inverted U-shaped metal rods less than 6mm in diameter driven into sand;

(e)not more than 10 surface marker buoys may be used for each research project and for each location;

(f)if surface marker buoys are used, a researcher associated with the research project must be present at all relevant times at the location.

(2)In this section—

location means a discrete identified reef, or a continuous non-reef area of up to 10km².

79Limited research sampling

(1)A person who is limited research sampling in the marine park must ensure the following for the sampling—

(a)any fishing or collecting is done—

(i)by hand; or

(ii)by the use of a hand-held implement that is not motorised or pneumatically or hydraulically operated; or

(iii)by the use of a minor research aid;

(b)explosives or chemicals are not used;

(c)a specimen of an animal of a species mentioned in schedule 2, part 1, is not taken;

(d)for each location and research project, not more than 5 specimens of fish or invertebrates mentioned in schedule 2, part 2, are taken in any 28 day period;

(e)a specimen of an animal species that is a protected species is not taken;

(f)not more than the following are taken for each research project in each year—

(i)20L of wet sediment;

(ii)100L of seawater.

(2)In this section—

location means a discrete identified reef, or a continuous non-reef area of up to 10km².

80Limited spearfishing

(1)A person who is carrying out limited spearfishing in the marine park must not use any of the following—

(a)a power-head;

(b)a firearm;

(c)a light;

(d)underwater breathing apparatus, other than a snorkel.

(2)In this section—

power-head means a device that—

(a)contains an explosive charge; and

(b)may be attached to a spear or spear gun.

81Go slow area—existing transit lane notices published under expired zoning plan, s 28

(1)This section applies if—

(a)before the commencement, the chief executive published a transit lane notice, in the gazette, under the expired zoning plan, section 28; and

(b)immediately before the commencement, the notice was still in force.

(2)The transit lane notice is taken to have been published under section 27.

section 52

sch 1 amd 2019 SL No. 71 s 59sch 1

sections 76(1)(b) or (c) and 79(1)(c) or (d) and schedule 3, definition limited collecting

A Invertebrates

B Plants

C Reptiles, birds and mammals

D Sharks

A Fish

B Invertebrates

C Marine products

section 4

accredited harvest fishery means a harvest fishery accredited by the chief executive under the Marine Parks Regulation 2017, part 5, division 4.

accredited traditional use of marine resources agreement means a traditional use of marine resources agreement accredited by the chief executive under section 54.

aircraft means an aircraft under the Marine Parks Regulation 2017, schedule 6.

aquaculture operation—

1

An aquaculture operation is an operation for propagating, rearing, keeping, growing or breeding an aquatic plant or animal, including a fish, crustacean, reptile or mollusc, or other marine product.

2

An aquaculture operation includes the construction, operation, maintenance, modification, demolition or removal of any structure associated with an activity mentioned in paragraph 1.

area restrictions, for the grey nurse shark area, means any restrictions on diving activities applying in the area under—

(a)part 3, division 7; or

(b)a declaration of a restricted access area under the Marine Parks Regulation 2017, section 119; or

(c)a prohibited area notice.

bait gathering means taking, in compliance with the Fisheries Act 1994, crabs, eugaries, worms or yabbies by hand or by a hand-held implement.

cultural resources ...

def cultural resources om 2019 SL No. 64 s 13

defence activities means activities for defence purposes—

(a)conducted by the Australian Defence Force; or

(b)conducted by an arm of the defence forces of another country that is in Australia with the approval of the Commonwealth Government; or

(c)conducted or authorised by the Commonwealth Department of Defence.

designated area see section 20(1).

developmental fishery program means a program of fishing or collecting that—

(a)uses equipment or techniques not previously used in a commercial fishery, within the meaning of the Fisheries Regulation 2008, in the marine park; or

(b)targets, either wholly or in part, a species for which there is no commercial fishery in the marine park.

dive club means an entity that facilitates, organises or coordinates diving activities for its members.

educational program means the provision, whether as a single act or a series of acts, of transport, accommodation or services for a group of 6 or more persons, none of whom is a tourist, principally for the purpose of systematically educating those persons.

expired zoning plan means the expired Marine Parks (Great Sandy) Zoning Plan 2006 as in force immediately before the commencement.

explosive see the Explosives Act 1999, schedule 2.

facility includes—

(a)a building, structure or vessel; and

(b)equipment, goods or services.

fisheries legislation means any of the following—

(a)the Fisheries Act 1994;

(b)the Fisheries Regulation 2008;

(c)the Fisheries Declaration 2019.

def fisheries legislation amd 2019 SL No. 71 s 59 sch 1

fishing industry service vessel means a vessel that provides fuel, goods or services to, or carries products for, a commercial fishing operation in the marine park.

fishing or collecting means the taking of an animal, plant or marine product.

Great Sandy Marine Park see the Marine Parks (Declaration) Regulation 2006, section 10.

group, of divers, means a number of persons associated in any way through diving activities.

Examples—

•persons who are members of the same dive club

•persons diving from the same boat

•persons who are clients of the operator of a tourism program

harvest fishery means a harvest fishery under the Marine Parks Regulation 2017, schedule 6.

holder, of an accreditation of a traditional use of marine resources agreement, means each member of the traditional owner group in whose name the application for the accreditation was made.

hook includes the following—

(a)a single-shanked double or treble hook;

(b)a lure that is an artificial bait with not more than 3 hooks attached to it;

(c)an artificial fly;

(d)a jig for taking squid;

(e)a ganged hook set, consisting of not more than 6 hooks, each of which is in contact with at least 1 of the other hooks in the set;

(f)a bait jig that is a hook, or a group of hooks consisting of not more than 6 hooks, if the hook, or each of the group of hooks, is of a size between number 1 and number 12 (both inclusive) or an equivalent size.

limited collecting means collecting, in any 28 day period, not more than 5 specimens of an animal or plant of a species mentioned in schedule 2, part 2—

(a)other than for a commercial purpose; and

(b)by hand or hand-held implement that is not motorised or pneumatically or hydraulically operated.

limited crabbing means crabbing in compliance with the Fisheries Declaration 2019, section 157 or the Fisheries Regulation 2008,chapter 11, part 1 or 1B.

def limited crabbing amd 2019 SL No. 71 s 59 sch 1

limited educational program means an educational program not involving fishing or collecting.

limited impact research (extractive)—

1

Limited impact research (extractive) is research that is a component of—

(a)an educational program; or

(b)a project carried out for the purposes of research.

2

Research involving either or both of the following is also limited impact research (extractive)—

(a)fishing or collecting by limited research sampling;

(b)the installation or operation of minor research aids that do not pose a threat to safety or navigation.

limited impact research (non-extractive)—

1

Limited impact research (non-extractive) is research not involving fishing or collecting.

2

Subject to paragraph 1, limited impact research (non-extractive) includes the following—

(a)visual surveys, other than visual surveys of cetaceans;

(b)research not involving an activity that would, if it were not part of a research activity, require a permission;

(c)social research not involving the conduct of archaeological excavations.

limited media activity means the recording of images or sounds, including, for example, by photography, filming or sound recording, in a way that has, or is likely to have, negligible impact on the marine park.

limited research sampling means taking samples of marine products only for purposes of research.

limited spearfishing—

1

Limited spearfishing is fishing with a spear or spear gun.

2

A person is not carrying out limited spearfishing—

(a)only because the person has a loaded spear gun for fishing in the person’s possession out of the water; or

(b)if the person is engaging in spearfishing in any part of the marine park to which the Fisheries Declaration 2019, section 50 applies.

def limited spearfishing amd 2019 SL No. 71 s 59 sch 1

low impact activity means an activity that is likely to have a negligible impact on the marine park.

managed vessel or aircraft means a vessel or an aircraft that is any of the following—

(a)a hovercraft;

(b)a wing in ground effect craft;

(c)a hydrofoil.

minor research aid means any of the following—

(a)apparatus or equipment authorised under fisheries legislation for recreational use;

(b)a fish tag;

(c)a stake less than 12mm in diameter;

(d)a data logger for attachment to a marker buoy, bolt or dive weight;

(e)a non-fixed plankton net;

(f)a water sampling device or sediment sampling device, if the device is not motorised or pneumatically or hydraulically operated;

(g)a subsurface marker buoy less than 100mm in diameter;

(h)a surface marker buoy less than 200mm in diameter;

(i)a bolt or dive weight for attachment to a data logger.

navigate includes moor, or anchor, in the course of navigation.

netting means netting carried out in compliance with the Fisheries Declaration 2019 and the Fisheries Regulation 2008.

def netting amd 2019 SL No. 71 s 59 sch 1

operator, for part 3, division 7, subdivision 3, means a person who operates a tourism program involving diving in the grey nurse shark area.

oyster includes an oyster that is not in its shell.

oyster gathering means taking oysters in compliance with the Fisheries Act 1994.

pelagic species means—

(a)a species in any of the following families—

(i)Carangidae;

(ii)Coryphaenidae;

(iii)Sphyraenidae;

(iv)Istiophoridae;

(v)Scombridae; or

(b)a species in either of the following genera—

(i)Aphareus;

(ii)Aprion; or

(c)Rachycentron canadum; or

(d)Xiphias gladius.

possess, a thing, means—

(a)to have custody or control of the thing; or

(b)to have an ability or right to readily obtain custody or control of the thing.

prescribed matters, for a traditional use of marine resources agreement, means all of the following—

(a)the area of the marine park covered by the agreement;

(b)the names, or other identification, of the persons covered by the agreement;

(c)the name and address of a person to whom correspondence can be sent on behalf of the traditional owner group for which the agreement is made;

(d)a detailed description of the area and traditional use of marine resources covered by the agreement, including a description of the activities proposed to be undertaken at stated locations in the area;

(e)the animal species proposed to be harvested and, if the species include 1 or more protected species, how many of each protected species is proposed to be harvested;

(f)the management arrangements proposed by the traditional owner group for implementing the agreement, including the proposed role of the traditional owner group in ensuring compliance with the provisions of the agreement;

(g)the way in which the traditional use of marine resources is to be monitored and reported under the agreement, including the recording and reporting of information about the taking of protected species;

(h)a statement about the process used to develop the agreement by the traditional owner group, including, for example, any consultation with government authorities or interested persons;

(i)any other information the chief executive reasonably requires by written notice given to the traditional owner group for which the agreement is made.

prohibited area means the area to which a prohibited area notice applies.

prohibited area notice means a notice prohibiting either or both of the following—

(a)entry into the grey nurse shark area, or a stated part of the area;

(b)entry into the water in the grey nurse shark area or a stated part of the area.

protected species means—

(a)a species that, within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), is a listed marine species, a listed migratory species or a listed threatened species; or

(b)a species of marine mammal, bird or reptile prescribed under the Nature Conservation Act 1992 as endangered wildlife or vulnerable wildlife; or

(c)a species of the genus Epinephelus, other than E. tukula or E. lanceolatus, but only to the extent of animals that are more than 1m long.

relevant designated area, for part 3, division 3, see section 21.

relevant person, for a dive club that is not an incorporated entity, means a person who takes part in directing the club’s diving activities.

representative Aboriginal/Torres Strait Islander body has the meaning given by the Native Title Act 1993 (Cwlth).

ship—

1

A ship is a vessel that is—

(a)50m or more in overall length; or

(b)an oil tanker, within the meaning given by the Protocol of 1978 relating to the ‘International convention for the prevention of pollution from ships, 1973’, regardless of its length; or

(c)a chemical carrier, or liquefied gas carrier, regardless of its length; or

(d)a ship to which the ‘International code for the safe carriage of packaged irradiated nuclear fuel, plutonium and high-level radioactive wastes on board ships’ (commonly known as the ‘INF code’) applies, regardless of its length; or

(e)adapted to carry oil or chemicals in bulk in cargo spaces; or

(f)engaged in towing or pushing another vessel if the other vessel is a ship under paragraph (a), (b), (c), (d) or (e), or, if the vessel is towing the other vessel, the total length of the tow, from the stern of the towing vessel to the after end of the tow, is greater than 150m.

2

However, a ship does not include—

(a)a vessel of the Defence Force; or

(b)a vessel of the armed service of another country, if the vessel is in Australian waters with the consent of Australia; or

(c)a vessel more than 50m in overall length used for private recreational activities.

shorebird includes any seabird or wading bird.

stowed or secured, for equipment used for fishing or collecting—

(a)generally, means that the equipment is rendered inoperative and stored inboard a vessel; and

(b)if the equipment is trawl fishing apparatus, means—

(i)that the nets are out of the water or that the fore ends of the nets are drawn up to the booms; and

(ii)that the otter boards are drawn up to the trawl blocks on the booms or are inboard a vessel; and

(iii)that the net’s lazy lines are through the blocks; and

(iv)that the net’s cod ends are open.

the marine park means the Great Sandy Marine Park.

tourism program means an activity, whether consisting of a single act or a series of acts, that—

(a)is carried out in the course of carrying on business; and

(b)is, or includes, the provision of transport, accommodation or services for tourists or for persons who include tourists.

tourist means a person who is in the marine park mainly for recreation, including, for example, recreational fishing or collecting.

traditional owner, for an area of the marine park, means a person of Aboriginal or Torres Strait Islander descent who—

(a)is recognised in the Aboriginal or Torres Strait Islander community generally, or by a representative Aboriginal/Torres Strait Islander body for an area that includes the area of the marine park—

(i)as having spiritual or cultural affiliations with the area of the marine park; or

(ii)as holding native title in relation to the area; and

(b)is entitled to undertake activities under Aboriginal tradition or Island custom in the area.

traditional owner group, for an area of the marine park, means the group of traditional owners for the area who, in accordance with Aboriginal tradition or Island custom, speak for the area.

traditional use of marine resources means the undertaking of activities in an area of the marine park, in accordance with Aboriginal tradition or Island custom, to satisfy the personal, domestic or communal needs of a traditional owner for the area.

traditional use of marine resources agreement—

1

A traditional use of marine resources agreement is an agreement that—

(a)is prepared by a traditional owner group for an area of the marine park; and

(b)provides for the traditional use of marine resources in the area; and

(c)includes the prescribed matters for a traditional use of marine resources agreement.

2

However, an agreement does not fail to be a traditional use of marine resources agreement only because it does not contain all the prescribed matters.

trawling means trawling in compliance with the Fisheries Regulation 2008, chapter 7A.

def trawling amd 2019 SL No. 71 s 59 sch 1

trolling—

1

Trolling is fishing with a line or lines trailed behind a vessel that is under way—

(a)using not more than 3 lines for each person on the vessel; and

(b)with not more than 6 hooks in total for each person.

2For paragraph 1, a vessel is under way only if it is being propelled through the water in a forward direction, whether by engine, sail or human power, and is not adrift.

turtle means a turtle of the family Chelondiidae or Dermochelydae and includes the turtle’s egg and hatchling.

vessel or aircraft charter operation means an activity, whether consisting of a single act or a series of acts, involving a vessel or aircraft that—

(a)is available for charter or hire; and

(b)is being used in the course of carrying on a business that is, or includes, the provision of accommodation, transport or services for a purpose other than an educational program or tourism program; and

(c)travels in or into the marine park; and

(d)is not merely transiting through the marine park by the most direct and reasonable route to a place outside the marine park.

wing in ground effect craft means a vessel constructed to move above the surface of the water using ground effect to lift off, land and maintain a limited altitude.

wreck includes derelict, flotsam and jetsam, lagan, and things of any kind that belonged to, came from, or were part of, a vessel or aircraft wrecked, stranded, sunk or abandoned, or in distress.

zone means a zone established under part 2.